Definition of small entity and fee reduction for patent applications in Romania

According to Article 2, paragraph 2 of the Roman Patent Law, which provides for fees and their use in the field of industrial property protection, patent applicants who have not taken over or transferred their rights in accordance with the conditions prescribed by law before the payment date can enjoy fee reductions. Proof of income must be issued by the work unit, labor bureau, finance bureau or pension stub. Students need to submit a certificate issued by the dean of the department, which should indicate the student's name, major and grade. If you are a soldier, you can submit a certificate issued by the military service unit; if you are a person deprived of freedom, you can submit a certificate issued by the prison.

A. Legal person:

• a) 50% reduction on each fee if the turnover in the previous financial year is less than the Romanian shillings equivalent of EUR 2 million
• b) 20% reduction on each fee if the turnover in the previous financial year is less than the Romanian shilling equivalent of EUR 1 million
• c) If the applicant for an invention patent application or the holder of an invention patent is an invention generated by government funding, or is a public institution or non-profit unit, a 20% reduction in each fee
• d) For legal entities other than research institutions, public institutions and non-profit units, if there is no transfer of rights, a discount is granted based on the turnover in the fiscal year before the tax date, calculated in lei at the exchange rate on the balance sheet closing date

B. Natural Persons:

• a) If the applicant’s average monthly gross income in the 12 months prior to the tax month is less than five times the official average economic gross income in the past 12 months, 50% of each tax payment shall be paid.
• b) If the applicant's average monthly gross income in the 12 months prior to the tax month is less than three times the official average economic gross income in the past 12 months, 20% of each tax payment shall be paid.
• c) For individuals, the value of average monthly nominal gross income is calculated based on official data published by the National Statistics Institute (INS) for the last 12 months.

To benefit from the statutory tax deduction, individuals must submit documents proving their average gross monthly income for the past 12 months (certificate from a service agency, workforce office, school, military, etc.) and a personal liability statement. Legal entities should submit a copy of their balance sheet for the previous fiscal year.

Small and medium-sized enterprises that have registered industrial property rights in Romania and Europe can benefit from the "Voucher 2 (trademarks and designs)" and "Voucher 3 (patents)" of the EU "Ideas Powered for Business SME Fund" program from September 16, 2024. The following two benefits are available:

• a) Eligible patent applicants can receive a subsidy of up to €1,500 and legal fees of up to €2,000 for drafting and filing a patent application
• b) A subsidy of up to €1,000 on qualifying trademark and design fees